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Pizza delivery has been popular in the United States for decades, but in recent years it has grown exponentially. Now, it seems as though there are delivery drivers on the road constantly, around the clock. Unfortunately, this luxury for consumers comes with consequences; in fact, according to the U.S. Bureau of Labor Statistics, working as a pizza delivery driver can be one of the most dangerous jobs in the country, particularly because car accidents involving them are so common. Our experienced Austin pizza delivery accident lawyers can listen to your case, assess your claims, and help you fight for the compensation you deserve. An Austin car accident lawyer can help you investigate your case and seek maximum compensation on your behalf.
If you or a loved one have been injured in a pizza delivery accident in Austin, call Zinda Law Group today at (800) 863-5312 for a 100% free consultation.
CAUSES AND CONSEQUENCES OF PIZZA DELIVERY ACCIDENTS IN AUSTIN
If you have been injured in an accident in Austin, you are most certainly not alone. In 2020, Texas experienced a large increase in motor vehicle crashes and fatalities; in fact, someone was injured from a car accident every 2 minutes and 34 seconds. Because of the many reasons listed below, pizza delivery drivers are more likely to cause motor vehicle accidents, and, as you may know personally, these accidents can have devastating consequences.
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Why Pizza Delivery Drivers Are More Likely to Cause Accidents
It is common for restaurants and food chains to hire young teenagers to work as their delivery drivers. These delivery drivers oftentimes have just gotten their licenses and have very little experience on the road. This, combined with all of the other factors that make delivery driving risky, can be extremely dangerous.
Unfamiliar Territory on Stormy Nights
Not only are these young drivers oftentimes driving on new roads that they have never been on before, but they are also more often than not driving at night; this can easily result in the inexperienced drivers speeding through a stop sign they didn’t know was there or didn’t see. Of course, there is the additional fact that the most popular time to order pizza is when the weather is at its worst. No one wants to drive in the middle of a thunderstorm to pick up dinner, but this means that the busiest shifts for the young drivers are when the roads are at their worst.
Distracted Driving
Another reason that pizza delivery drivers are susceptible to causing accidents is the many distractions that they are subjected to while on the job. Delivery drivers need to watch their GPS to help them get to the delivery location, they need to answer any phone calls from the restaurant, and they need to answer if the customer calls for an update on their food; this is all while trying to keep their eyes on the road. Of course, young inexperienced drivers may even be texting or changing their music on top of all of the other distractions.
Drowsy Driving
Believe it or not, drowsy driving can be just as dangerous as driving under the influence. When a pizza delivery driver had a full day at school or at his or her other job before starting the delivery shift, they can be exhausted by the time they start their delivery shift. Driving for a long period of time can certainly make this exhaustion worse. Thus, drowsy driving can also be the cause of pizza delivery accidents in Austin.
Motivated Mistakes
Lastly, pizza delivery drivers are, just like the rest of us, trying to make a living. They want to perform well so that their restaurant keeps them as employees, and so that the customers are satisfied and give them healthy tips; this means that there is a lot of pressure on these drivers to perform well, and in their line of work, performing well means making deliveries as quickly as possible. This pressure on drivers to make deliveries quickly and efficiently can easily cause drivers to make mistakes or drive negligently. This pressure, on top of all of the other factors, can be very dangerous.
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Consequences of Pizza Delivery Accidents in Austin
Pizza delivery accidents in Austin can have devastating physical and financial consequences. According to the Texas Department of Transportation, in 2020 alone, 205,498 people in Texas were injured and 3,623 people lost their lives as a result of car accidents. Below are some of the most common injuries and other financial consequences that can result from car accidents, but if the consequences you suffered from aren’t on this list don’t let that stop you from calling one of our experienced Austin injury lawyers.
Some common injuries caused by car accidents are:
- Bruises, burns, and lacerations
- Chest injuries
- Emotional distress or Post-Traumatic Stress Disorder
- Fractures and broken bones
- Internal organ damage
- Neck injuries
- Nerve damage
- Scarring and disfigurement
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries and concussions
These are just a few of the more common injuries, but keep in mind that there are many, many, more that are not on this list. No matter what your injury was, you deserve getting compensated for it, which is what the Austin personal injury lawyers at Zinda Law Group are here to help you with.
Car accidents have financial consequences which you may be eligible to be compensated for. Your settlement could include the wages you lost from days you had to take off of work, the out-of-pocket expenses you had to pay to get your car fixed, and the increased insurances rates that you were subjected to following an accident.
If you lost a loved one in an accident, you may also be suffering from the loss of financial support that your spouse would have provided in the future, had he or she survived, or you may be suffering from the loss of companionship of your spouse. Those are heartbreaking consequences that you deserve compensation for.
Whatever the consequences are that you are personally struggling with, we understand that they likely feel completely overwhelming, and you may not know where to start. At Zinda Law Group, an Austin car accident lawyer can help you navigate this process and fight for you to receive the compensation you deserve for your hardships.
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LIABILITY IN PIZZA DELIVERY DRIVER ACCIDENTS IN AUSTIN
If someone or something, like a restaurant, is “liable” to you for your injuries, that means that you have a legally enforceable claim against them because of your harm. Basically, it means that they breached a duty or obligation they had, which caused your harm. In most car accidents it is the other driver who is liable to the injured party, and in a pizza delivery driver accident, that can also be the case. However, there are times when another party is liable too: the restaurant who employed the driver who hit you.
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Respondeat Superior
Texas recognizes a legal doctrine called respondeat superior, which says that an employer can be held liable for the wrongful acts of an employee when those acts are committed within the scope of their employment. For example, if the pizza delivery driver was not “on the clock” at the time of your accident, then the restaurant would likely not be considered liable. However, if the driver was actively making a delivery when the accident occurred, then he was acting “within the scope of his employment” and therefore the restaurant could be liable to you.
In order to successfully prevail on a respondeat superior claim, you need to show that the driver was in fact an “employee” of the restaurant; this may sound like an easy task, but that isn’t always the case. Sometimes the restaurant may try to argue that the delivery driver was functionally an independent contractor, not an employee, and therefore the doctrine of respondeat superior does not apply to them. Experienced Austin pizza delivery accident lawyers, like those at Zinda Law Group, know what it takes to defeat this argument and successfully hold the restaurant liable.
Other Liable Parties
Instead of or in addition to the restaurant, there may be other parties that could be liable to you as well; for example, if the delivery driver’s brakes failed and ultimately caused the accident, then the vehicle manufacturer may be liable to you under a doctrine called products liability. To prove products liability, you would need to show that the defendant manufacturer sells the brakes that were on the car driven by the pizza deliverer, that the brakes were defective when they were sold, that you suffered an injury, and that the defective brakes were the actual or proximate cause of your injury. This may sound complicated, but our Austin injury attorneys are well versed in this field of law and know how to prove your case if necessary.
Why It Matters
You may be asking yourself, “Why does it matter who or how many parties are liable?” and that is a good question. It may seem as though incorporating these different defendants just makes your case more complicated, and in some ways it does. However, figuring out who is liable and holding them accountable is extremely important; not only does it prevent the party from behaving irresponsibly in the future and causing more injuries, but it also gives you the greatest chance of receiving the maximum amount of compensation possible.
Not every defendant has enough assets or liability insurance coverage to pay you the damages that you deserve; for example, a teenage pizza delivery driver is likely to be in the worst position possible to pay you adequate compensation. Although the driver should have insurance, their insurance is certainly not as comprehensive as the insurance for the restaurant or the part manufacturer. By introducing additional parties to your lawsuit, you are greatly increasing the chances of recovering from a defendant who actually has the means to pay your damages.
Of course, figuring out who is liable—and how to prove that they were liable—is not easy. Sometimes it may not be clear whether the driver was acting within the scope of his employment or whether there was a defective product that caused the accident. This is one of the many reasons why it is so important to retain experienced Austin personal injury lawyers like those at Zinda Law Group.
THREE STEPS TO TAKE AFTER A PIZZA DELIVERY ACCIDENT IN AUSTIN
If you have been in a pizza delivery accident in Austin, take the following three steps to ensure your safety and your likelihood of prevailing in a personal injury lawsuit down the road.
1. Pull Over, Call 911, Get a Police Report, and Seek Medical Attention.
The most important thing you can do after a car accident is to call 911. In Texas you are required to call the police if there was an injury, even if you think the injury was minor. Making sure that the police come to the scene and fill out a report is extremely important for your lawsuit down the road.
You should also always agree to be checked out by medical personnel, either at the scene of the accident or as soon as possible afterward. Your health is the first priority, and sometimes the shock of an accident can cause you to not notice immediate injuries. Getting medical attention can make sure that whatever injuries you do have do not get left untreated and progress over time.
2. Document Everything.
The earlier you can start documenting everything the better. Be sure to write down the name and insurance information for the other driver, as well as the name and location of the pizza delivery restaurant they work for. If there were any witnesses, try to take down their names and contact information as well; that way, if necessary, we can use them to support your case later on.
If you are well enough to do so, consider taking pictures of the scene and any injuries you have. Even after the day of the accident, continue to document everything you can because the information you gather is very helpful to your case and to your Austin personal injury lawyer later on.
3. Call Zinda Law Group.
Our Zinda Law Group Austin injury attorneys know how to investigate your claims, negotiate with insurance, and help you get compensated to the maximum. We also know how overwhelming this experience can be, which is why our Austin injury lawyers are dedicated to walking you through every step of the process and making sure that you are fully informed on every decision you make.
It is important that you call Zinda Law Group as soon as you can. In Texas, the statute of limitations is only two years from the date of the accident, and although that may seem like a long period of time, it can fly by when you are struggling with a personal injury or the loss of a loved one. The more time your lawyer has to prepare your case before having to file it in court, the better.
CALL ZINDA LAW GROUP TODAY AT (800) 863-5312 FOR A 100% FREE CONSULTATION
Zinda Law Group’s experienced Austin pizza delivery accident lawyers have helped many victims get the compensation they are entitled to after suffering from injury caused by the negligence of restaurants or irresponsibility of food delivery drivers. We have the experience and resources to help you get back on the road to emotional, physical, and financial recovery.
Our lawyers also know how much victims struggle financially following car accidents, and we don’t believe victims should have to worry about affording quality legal representation; that is why we offer 100% free case consultations to help you assess your case. That is also why we promise to not charge you a penny unless we succeed in your case; it is our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.
Our Awards
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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